THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA DECISION On the dismissal of initiated legal proceedings of Case N

THE CONSTITUTIONAL COURT OF THE REPUBLIC OF LITHUANIA DECISION On the dismissal of initiated legal proceedings of Case No 8 "On the request of Vilnius 2nd District Court to investigate if Article 81 of the Law of the Republic of Lithuania on Operational Activities is in compliance with the Constitution of the Republic of Lithuania" 21 December 1993, Vilnius The Constitutional Court of the Republic of Lithuania, composed from the Justices of the Constitutional Court Algirdas Gailiūnas, Kęstutis Lapinskas, Zigmas Levickis, Vladas Pavilonis, Pranas Vytautas Rasimavičius, Stasys Stačiokas, Teodora Staugaitienė, Stasys Šedbaras and Juozas Žilys, the secretary of the hearing - Rolanda Stimbirytė, representative of the party concerned - Egidijus Bičkauskas, deputy Chairman of the Seimas, in court sitting conducted the investigation of the request of the representative of the party concerned to dismiss the initiated legal proceedings of Case No 8 "On the request of Vilnius 2nd District Court to investigate if Article 81 of the Law of the Republic of Lithuania on Operational Activities in compliance with the Constitution of the Republic of Lithuania". The Constitutional Court established: The petitioner - a judge of Vilnius 2nd District Court while investigating on 24 August 1993 civil case No 24-1765 concerning illegal actions of officials restricting civil rights, faced doubts whether Article 81 of the Law of the Republic of Lithuania on Operational Activities (Parliamentary Record, No 30-679, 1993), which provides for preventive detention of persons, is in compliance with the Constitution of the Republic of Lithuania. The judge by his ruling suspended the investigation of said case and addressed the Constitutional Court with the request to examine the conformity of Article 81 of the Law on Operational Activities with Articles 20 and 31 of the Constitution of the Republic of Lithuania. On 15 December 1993, the Seimas adopted the Law "On Appending the Code of Criminal Procedure of the Republic of Lithuania" (Parliamentary Record, No 70-1310, 1993), in the second Article of which it is established that upon the enforcement of said law, the Provisional Law of the Republic of Lithuania "On Appending the Law of the Republic of Lithuania on Operational Activities shall become null and void. Taking the fact that the act in dispute ceased to be force into consideration, the Constitutional Court holds that there is a ground for the dismissal of the initiated legal proceedings of the case. Conforming to the fourth part of Article 69 of the Law of the Republic of Lithuania on the Constitutional Court, the Constitutional Court of the Republic of Lithuania has taken the following decision: To dismiss the initiated legal proceedings of the case. Justices of the Constitutional Court: Algirdas Gailiūnas Kęstutis Lapinskas Zigmas Levickis Vladas Pavilonis Pranas Vytautas Rasimavičius Stasys Stačiokas Teodora Staugaitienė Stasys Šedbaras Juozas Žilys